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TOPIC: Should I drive to my Tribunal?

Re:Should I drive to my Tribunal? 8 years 8 months ago #55112

sunnybank wrote:

If you have a Motability car which you drive yourself, does that mean you have failed the assesment test before you even get there.

No, but it does mean you need to consider this activity in relation to the ESA tests.

The ATOS HCP is taught to make assumptions from the answers to their questions, the classic being "do you watch the televsion". Claimants need to be aware of these traps, and make sure that they pre-empt them in their submissions and evidence.

So an example might be;

I do drive, but for no longer than 15 minutes as I am unable to sit for longer, even then I am usually in pain after doing so, but the benefit of my doing so for my mental health outways this.

Hope this helps

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Re:Should I drive to my Tribunal? 8 years 8 months ago #55115

Thank you Gordon.

Though in my case it would take me 45 minutes to get to the centre by car and then there will be a long walk from any car park. Any other mode of transport a great deal longer more like a couple of hours. then the long walks from drop off points for taxi, bus station, train station.

What hope is there.

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Re:Should I drive to my Tribunal? 8 years 8 months ago #55120

Hi Sunnybank,

My Tribunal was scheduled for midday today; I was appealing against a decision made 16 months ago not to put me into the Support group, following an ATOS medical. I appealed on the grounds of mobility problems, as the doctor had stated I could walk 100 metres without difficulty, whilst I maintain that 20 -30 is the most I can do without severe discomfort. He had also stated in the medical report that I could not stand for more than 2 minutes, and that I needed assistance to get out of a chair. Then said I would be fit to return to work within 12 months. I drove to the tribunal as I have no other way to get there - I live in the middle of nowhere. When I got to the Tribunal, I was told that they had already decided to allow my appeal, and that I ned not have turned up! Apparently, after not meeting any of the descriptors after the medical, the Tribunal decided that I met 2 of them in full. Result. :)

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Re:Should I drive to my Tribunal? 8 years 8 months ago #55123

Jeannette Chaplin wrote:

Hi Sunnybank,

My Tribunal was scheduled for midday today; I was appealing against a decision made 16 months ago not to put me into the Support group, following an ATOS medical. I appealed on the grounds of mobility problems, as the doctor had stated I could walk 100 metres without difficulty, whilst I maintain that 20 -30 is the most I can do without severe discomfort. He had also stated in the medical report that I could not stand for more than 2 minutes, and that I needed assistance to get out of a chair. Then said I would be fit to return to work within 12 months. I drove to the tribunal as I have no other way to get there - I live in the middle of nowhere. When I got to the Tribunal, I was told that they had already decided to allow my appeal, and that I ned not have turned up! Apparently, after not meeting any of the descriptors after the medical, the Tribunal decided that I met 2 of them in full. Result. :)


Congratulations Jeannette, I am pleased for you.

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Re:Should I drive to my Tribunal? 8 years 8 months ago #55126

I've had to give up driving my car, as it's too painfull and the amount of morphine I have to take isn't safe; so have put my carer on my insurance, so she drives me when we go out.
She absolutely loves driving it and wants an automatic next time round, LOL!

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Re:Should I drive to my Tribunal? 8 years 8 months ago #55169

If I were you (and yes I did go to a Tribunal), I would get a taxi, if the expense is too much, you can phone the Tribunal centre and ask if it's ok to get a taxi, and they may consider reimbursing the cost.
Good luck, it's not always as bad as people make out, I had 4 people in mine, and as long as you are truthful, it will be fine.

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